§ 22-114. Restitution agreements.

A.  The district attorney may enter into a written restitution agreement with the defendant to defer prosecution on a false or bogus check for a period to be determined by the district attorney, not to exceed three (3) years, pending restitution being made to the victim of the bogus check as provided in this section.

B.  Each restitution agreement shall include a provision requiring the defendant to pay to the victim a Twenty-five Dollar ($25.00) fee and to the district attorney a fee equal to the amount which would have been assessed as court costs upon filing of the case in district court plus Twenty-five Dollars ($25.00) for each check covered by the restitution agreement; provided, every check in an amount of Fifty Dollars ($50.00) or more shall require a separate fee to be paid to the district attorney in an amount equal to the amount which would be assessed as court costs for the filing of a felony case in district court plus Twenty-five Dollars ($25.00).  This money shall be deposited in a special fund with the county treasurer to be known as the "Bogus Check Restitution Program Fund".  This fund shall be used by the district attorney to defray any lawful expense of the district attorney’s office.  The district attorney shall keep records of all monies deposited to and disbursed from this fund.  The records of the fund shall be audited at the same time the records of county funds are audited.

C.  Restitution paid by the defendant to the victim shall include the face amount of the check plus any charges the victim may have been required to pay to a bank as the result of having received the bogus check.  If, instead of paying restitution directly to the victim, the defendant delivers restitution funds to the office of the district attorney, the district attorney shall deposit such funds in a depository account in the office of the county treasurer to be disbursed to the victim by a warrant signed by the district attorney or a member of the staff assigned to the Bogus Check Restitution Program.  The district attorney shall keep full records of all restitution monies received and disbursed. These records shall be audited at the same time the county funds are audited.

D.  Restitution paid by the defendant to the Oklahoma Tax Commission shall include the face amount of the check plus the administrative service fee authorized pursuant to Section 218 of Title 68 of the Oklahoma Statutes.  If the defendant delivers such restitution funds to the office of the district attorney instead of paying restitution directly to the Tax Commission, the district attorney shall deposit such funds in a depository account in the office of the county treasurer to be disbursed to the Tax Commission by warrant signed by the district attorney or a member of the staff assigned to the Bogus Check Restitution Program or shall transmit the restitution funds directly to the Tax Commission.

E.  If the defendant fails to comply with the restitution agreement, the district attorney may file an information and proceed with the prosecution of the defendant as provided by law.

F.  The victim may authorize an administrative service fee to be paid by such victim to the district attorney or other third-party vendor to facilitate electronic transfer of checks to the Bogus Check Restitution Program.

G.  The district attorney is authorized to contract for a per-item fee with a third-party vendor to facilitate electronic transfer of checks into the Bogus Check Restitution Program.

Added by Laws 1982, c. 93, § 4, operative Oct. 1, 1982.  Amended by Laws 1986, c. 218, § 1, emerg. eff. June 9, 1986; Laws 2001, c. 18, § 1, eff. July 1, 2001; Laws 2001, c. 437, § 15, eff. July 1, 2001; Laws 2006, c. 293, § 1, eff. July 1, 2006; Laws 2007, c. 358, § 3, eff. July 1, 2007.

Note

NOTE:  Laws 2007, c. 199, § 2 repealed by Laws 2008, c. 3, § 18, emerg. eff. Feb. 28, 2008.